Fair Work Ombudsman
Citation: FWO-2023-02-28-crouch-penalty-media-release
At a glance
- Respondent
- Darrell Crouch & Associates Pty Ltd
- Penalty
- $17,982
- Employees affected
- 1
What happened
The Fair Work Ombudsman investigated Darrell Crouch & Associates Pty Ltd, a Perth-based real estate and business brokering company, after the Applicant requested assistance. The company failed to comply with a Compliance Notice requiring back-payment of entitlements. The worker was employed between August 2016 and February 2019. The company and its managing director, the Respondent, only back-paid the worker after the Fair Work Ombudsman commenced legal action.
What was decided
The Federal Circuit and Family Court imposed penalties of $14,985 against Darrell Crouch & Associates Pty Ltd and $2,997 against the Respondent. The court found the company's conduct was deliberate and showed a disregard for the Compliance Notice. the Commissioner noted the Respondent only 'glanced at' the notice. The court rejected a submission for a nominal penalty, emphasizing the seriousness of the breaches. The Fair Work Ombudsman stressed the importance of complying with Compliance Notices.
What it means for employers
Employers must take Compliance Notices seriously and act on them promptly. Failing to do so can result in significant court-imposed penalties. Disregarding notices and failing to cooperate with investigations will be viewed negatively by the courts.
What it means for employees
Employees who believe they have not received their correct pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman will take action against employers who deliberately breach workplace laws.
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https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/february-2023/20230228-crouch-penalty-media-releaseWant more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →